Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-03-29
CONSTITUTING THE INTERSTATE
LAW


AhheCteO Oy the Law
The Postmaster General wrote to the Attorney
General on the 21st instant, as follows:
ut has for many years been the almost uniyer-
sal practice OF railroad companies engaged in the
transportation OF the mails to transport without
special charge the inspectors or this Department,
including such officers as the Postmaster General
Is oy statute authorized to employ inspectors or
special agents; and also to transport without
charge postal clerks, not only when engaged in
the actual service OF distributing mails on the car
en- route and On their return trips, but to trans
port them between their places of residence and
ne point at which they are required BY the rules
occurrence OF their siay-offs they are nc liberty
TO go home for rest and study
line question has been raised by various COM
recent act of Congress OF February 4th, 1887 en-
Tilted An Act TO Regulate Commerce. the con.
unuance 81 such facilities will contravene the law.
InSpecIors ana special agents have habitually
received commission signed blythe head 81 this
department, designating them as inspectors, and
requiring all railroads and other contractors en-
gagedfn the transportation OF the mails to carry
tne respectively designated persons without spe-
Cial cnaIge Ior transportation. Similar c0mmis-
Sions nave peen issued to pOStal-clerks; but, in
addition passes have been granted them by railroad
companies to enable them to make return trips,
annougn not actually engaged in distributing
routes and their homes
sYour opinion is solicited upon the questions
ouCiC NC any tulIiS In the ACT r6ISrTcu 10
which prohibits the practices heretofore prevail
ing, as ABOVE stated; and IL In any particular the
act prohibits the continuance by the railroad COM
panies OF the facilities heretofore AFFORDED, In
what degree and by what limitations"
me Attorney-General begins his reply by say
Ing: The title OF the act OF the 4th OF February,
1887, is Gan act to regulate commerce. II is not
entitled AN act to regulate the United states
mail service" And after discussing the points
involved, at some length. says: 1.-THE act was not
intended to relate tO the postal service The syS-
TEN OF pOstal-Service conlerS upon the Postmaster
General the power to make contracts, some OF
pected emergencies which could not In all cases be
made in conformity to prescribed general rules
eral rules as to price or terms, and concerning
Which the urgency or necessity would preclude
the possibility OF conference for exceptions
with the Commissioners OF Interstate Commerce.
After reviewing the laws bearing on the case,
and quoting various authorities, the opinion con-
cludes as follows: 'Tt is therefore clear that the
United States mail service is not embraced in or
subject to the provisions OF the act Of the 4th OF
February. 1887. That service consists In the re-
ceipt, speedy transmission, distribution and de-
livery OF mail matter TO the people. AS the act
does not include the mail service In its provisions
none OF the lawful, customary and neces-
Sary instrumentalities by which that SER
vice IS chnducted are subjected to the law.
Among the lawful, customary, and necessary in
strumentaities for the efficient, consistent, and
successful conduct OF the service the Post-Office
Department is authorized by law to send officers,
agents, and clerks of the Government to take
charge or, protect, and distribute the mails,
and to search TOR and investigate errors.
frauds, or crimes relating TO them. Persons thus
in pursuance thereof, going to or returning from
their places OF residence while in the performance
or service. or to or from their assigned line OF duty
In the ordinary and customary course OF the adj
ninistration OF the service should be regarded as
in the performance Of official labor and unaffected
by the provisions OF the act"